Beginning January 1, 2026, employers with 50 or more employees at the same location in New Hampshire may not discharge, refuse to hire, or take any adverse employment action against an employee based on the involuntary mobilization of that employee’s spouse.
For the same duration of time the employee’s spouse would have reemployment rights under 38 U.S.C. Section 4312 (i.e., generally up to five years of cumulative uniformed service), employers are required to reemploy the employee in the position he or she held, or in a position of like seniority, status, and pay for which he or she is qualified.
Any leave of absence of an employee due to the involuntary mobilization of their spouse is unpaid, and no benefits or accrual of benefits must be provided during leave unless the employer chooses to do so.
Employees must notify their employer of their spouse’s involuntary mobilization within 30 days of their spouse receiving official notice of such mobilization. Employers must then provide the employees with written acknowledgment of the notice of deployment, explicitly confirming adherence to the requirements outlined above.
Upon the spouse’s completion of mobilization, the employee is required to report to or submit a timely application for reemployment to his or her employer.
You can access the enacted bill here.